FERTILIZER REGULATION

EPC Board WorkshopDecember 9, 2009

Wetlands and Watershed Management Division

Overview of Workshop

• Staff Presentation› Water quality issues and fertilizer› SB 494 and the State model ordinance› Other local ordinances› Consensus/Non-Consensus› Training and Education› Options

• Invited speakers • Public Comment• Board Discussion/Direction

Focus on Lawn Fertilizer• Many lawn fertilizers contain nitrogen. Nitrogen can be source of

algae blooms and other nutrient impacts to water bodies• Locally urban runoff comprises a significant amount of the nitrogen

carried in stormwater to the Bay (TBEP)• DEP’s Wekiva River study (Orlando area) significant nitrogen inputs

comes from residential fertilizer (DEP/UCF)• TBEP focus group found frequency of applying fertilizer ranged from

every other week to every five or six weeks to six times a year (6/09 TBEP study)

• Potential is high for inappropriate application of fertilizer and education is an important part of the solution

Nutrient Impaired Waters in Hillsborough County

Tampa Bay Estuary Program (TBEP) Findings From

November 2008• Nitrogen is a major pollutant of concern in

Tampa Bay

•Excess nitrogen clouds the water and reduces sunlight so seagrasses can’t grow

•Bay-wide, residential runoff accounts for 20% of the total nitrogen load to Tampa Bay

•Homeowners use 6 times more fertilizer per acre than farmers

•A fertilizer ordinance with a strong emphasis on public education can be a highly efficient and cost effective way to reduce harmful nitrogen loading to Tampa Bay

Water Quality Improvements & TMDLs Compliance in Hillsborough County

• It is more cost-efficient to keep pollutants out of water bodies than it is to remove pollutants later

• Total Maximum Daily Load (TMDL) laws already require stakeholders to address various pollutants including nutrients, but fertilizers laws are a new mandate

• Under the State/Federal TMDLs program, about 20% of Hillsborough County’s total land area (137,000 acres) is watershed that contributes runoff to water bodies in the county that are nutrient impaired

• Unincorporated Hillsborough County has about $36 million in stormwater projects that benefit water quality on its current planning list ($8M in current capital program and $28M unfunded)

Nitrogen Pollution Remediation Will Be Costly to Local Governments

Public Costs for Nitrogen Removal Projects are SUBSTANTIAL:• Nitrogen removal projects, such as stormwater retrofits, to

improve surface water quality can range from $40,000 to $200,000 per ton (SWFWMD) and wastewater treatment plant upgrades can be more costly

• The TBEP Model Ordinance, at a 50% rate of compliance, could:› Remove an estimated 84 tons

of nitrogen from Tampa Bay waters (30 tons in HillsboroughCounty alone)

› Save Hillsborough County taxpayers up to $1.2 to $6 millionin capital costs for Nitrogen removal

Science of FertilizerCause & Effect on Water Quality

Effects

• Tampa Bay is Nitrogen (“N”) limited and high levels are correlated to algae blooms, reduced clarity and decreased oxygen levels

• Nitrogen levels in surface waters is highly correlated to rainfall and season

• Stormwater is major contributor of N to the watershed (63%)

Causes

• 20% of nitrogen runoff is from residential land

• A recent USF study shows commercial fertilizer product is found at high levels in Tampa Bay (Safety Harbor) sediments

Additional Factors & Considerations

• Is the fertilizer portion of N getting into the bay predominately from improper application and/or irrigation?

• IFAS has shown healthy lawns are effective assimilators of nutrients including N at prescribed application rates and controlled irrigation rates.

• Slow Release fertilizers may mitigate runoff and/or leaching (evolving science).

Actions in the Tampa Bay Area and Florida on Fertilizer Management since late 2007

December 2007 FDACS adopts new Rule 5E-1.003 for improved labeling on bags of lawn fertilizer and requirements for application rates

November 2008 Tampa Bay Estuary Program Policy Board adopts a Model Ordinance Regulating Non-Agricultural Fertilizer Use in the Tampa Bay Region

January 2009 FDEP and the University of Florida (IFAS) publish the Florida-Friendly Landscape Guidance, Models for Ordinances, Covenants, and Restrictions

June 2009 Senate Bill 494 was approved by the Governor and became effective on July 1, 2009, and is now Section 403.9337, Florida Statutes. It is entitled the Model Ordinance for Florida-Friendly Fertilizer Use in Urban Landscapes. It adopts the FDEP’s Fertilizer Model Code

New State Law – Senate Bill 494

• SB 494 created section 403.9337, F.S. (effective July 1, 2009) and includes a DEP Model Fertilizer Ordinance

• Local governments with nutrient impaired waters are required to adopt the DEP Model Fertilizer Ordinance at a minimum

• Hillsborough County and all 3 municipalities have nutrient impaired waters

• If a local government chooses to develop more stringent criteria for fertilizer use than the Model it must be science-based and economically and technically feasible. It must also be open to input from DEP, FDACS, and IFAS.

• The new law provides for training and testing programs under DEP and IFAS to become certified in applying fertilizer in urban landscapes. Beginning in January 2014, any person applying commercial fertilizer in an urban landscape must be certified.

• In response to pending legislation and the movement to have Bay-area governments consider the TBEP model, a workshop was held on April 23, 2009 at the Extension Office.

• Discussion focused on the framework for local fertilizer regulation and what regulatory concepts had the most consensus.

EPC Staff Holds April 2009 Public Workshop

• Agricultural exemption from rule• Improper use of residential fertilizer contributes to excess

nutrient levels in natural water bodies • The proper use of fertilizer is important in protecting our and

restoring natural water bodies impacted by nutrients• Public outreach, training, and education is vital to having a

fertilizer ordinance that citizens will support in Hillsborough County• Sweeping fertilizer and clippings off

paved areas

Main Areas of Consensus at Workshop

UF/IFAS Photo

Main Areas of Non-Consensus at Workshop   

• Restriction on applying N fertilizer during summer season• Restriction on selling N fertilizer during summer season• A summer variance procedure for yards that are proven

to be nitrogen deficient• Adequate resources and funding to

implement an education program and/or a fertilizer ordinance in Hillsborough County and its municipalities

DEP Photo

MUNICIPALITYAGRICULTURAL

EXEMPTION?MORE RESTRICTIVE THAN STATE MODEL ON

SUMMER APPLICATION?SUMMER SALES RESTRICTION?

State Model Ordinance YESYES n/a no

TBEP Model Ordinance YESYES YESYES YESYES

Pinellas County(proposed)

YES YES YESYES YESYES

City of St. Petersburg YESYES YESYES YESYES

Sarasota County YESYES YESYES no

Orange County YESYESYESYES

(can apply with basic certification)no

Alachua County YESYES no no

City of Bonita SpringsCharlotte

YESYES YESYES no

Charlotte County YESYES no no

City of Crystal River YESYES YESYESYES YES

partial - no “fast release” salesCity of Ft. Myers

adopted Lee County Ord. YESYES YES YES no

City of Ft. Myers Beach YESYES YESYES no

Jacksonville-Duval YESYES no no

Lee County YESYES YESYES no

City of Longboat Key YESYES YESYES no

Marion County YESYES no no

City of Naples YESYES YESYES no

City of North Port YESYES YESYES no

City of Sanibel YESYES YESYES no

City of Sarasotaadopted County Ord.

YESYES YESYES no

St. Johns County YESYESYESYES

(restriction only for Bermuda grass)no

Comparison of Local Ordinances Around State

All Models and Ordinances Include These Basic Concepts

• Training• Licensing/Certification before receiving local Business Tax Certificate• Prohibitions on sweeping to or leaving fertilizer/grass clippings on impervious surfaces• Specify application rates• Voluntary low maintenance zone near water• Fertilizer free zone near water• Agricultural exemption• Golf course exemption• FDACS requires all fertilizer products to be properly labeled• Enforcement mechanism

Preliminary Range of Options for Fertilizer Regulation

OptionsSummer

Sales Restriction

Summer Application Restriction

Application Restriction if Heavy Rain Imminent

1. TBEP/St. Pete/proposed Pinellas

-Pinellas draft-St. Pete BMP

2. Sarasota County 3. Orange County

can apply with basic certification

4. SB 494 DEP State Model Ordinance

Current Training and Licensing by Extension OfficeJoe Pergola, Director of Hillsborough County Cooperative Extension Service

• Hillsborough County Extension Office currently provides required pesticide management training, which includes fertilizer BMP training

• Currently fertilizer training or certification is not required

• Currently in Hillsborough 235 persons have attended Green Industries BMP training

• There are approximately 6,400 landscape professionals and pesticide applicators in Hillsborough County

• New law mandates that all commercial fertilizer applicators be trained, certified, and abide by the Green Industries BMP manual by 2014

Education Concepts to Maximize CitizenParticipation and Compliance

• Internet messaging on various EPC, County, and municipal sites• Public Service Announcements (PSAs) on TV• Coordinate with other bay area governments’ messaging programs • Programs on Hillsborough County HTV• Articles in garden sections of newspapers and HOA publications• Distribute Fertilizer FAQ Sheets to interested organizations• Point-of-Sale video loop and brochures in high volume retail stores• TV and radio advertisements•On-line educational tools (videos, slides, etc.) for homeowners•Must develop funding for many of these proposals and seek cooperation and funding by the various municipalities, plus state or federal funds

EPC Rule or County Ordinance

• EPC is not required to adopt the model ordinance• Hillsborough and the 3 cities must adopt the State model

at a minimum• Most stakeholders agree that one EPC rule is preferable

over as many as 4 different County and city ordinances• EPC can pass a county-wide rule that all must comply with

no matter if they reside in a city or in unincorporated Hillsborough

• County can also pass a county-wide ordinance that all must comply with, but the cities can opt out of it and/or make it more or less stringent

• Cities cannot make the EPC rule less stringent

Compliance and Education Considerations

• County and EPC staff have been developing a cooperative stream-lined process to enforce any future rule

• Lack of funding is a major concern; resource and staff are not in place to enforce an application restriction and other prohibitions

• Sales restriction is a cost effective way to educate and enforce• Many governments have had an enforcement grace period to

allow for an educational component to be implemented• A strong educational component is a critical component to

success

Remainder of Workshop

• Invited Speakers

• Public Comment

• Commissioner Discussion and Direction

RECAP of Preliminary Range of Options for Fertilizer Regulation

• Summer application restriction AND summer sales restriction (e.g. TBEP/St. Pete/proposed Pinellas)

• Summer application restriction AND no summer sales restriction (e.g. Sarasota County)

• Summer application only by certification AND no summer sales restriction (e.g. Orange County)

• SB 494 DEP State Model Ordinance (minimum mandatory requirements)

Invited Speakers

• Sierra ClubPhil Compton

• Tampa Bay Estuary Program Holly Greening

• UF/IFAS Dr. George Hochmuth and Dr. Terril Nell

• Lawn & Ornamental IndustryErica Santella, Florida Nursery Growers & Landscapers Assoc., Florida

Turfgrass Assoc., and Florida Pest Management Assoc.

CONCLUSION and QUESTIONS

• Future public meetings will be held prior to passage of any rule or ordinance

• Questions?